Summary: We will not investigate this complaint about the Council’s handling of the adoption application process. The Council has already investigated and responded to Mr X’s concerns under all three stages of the statutory complaint procedure. It has identified service failures, apologised and offered remedial action and payment for the injustice caused. Further investigation is unlikely to change the outcome or achieve anything worthwhile. The Information Commissioner’s Office is best placed to consider concerns about data recording and handling.

The complaint

1. Mr X says the stage two investigation and stage three panel of the statutory complaint procedure were flawed. He says comments calling him and his partner “extremely anxious” were unfair, and he says he had no chance to challenge a claim that a worker “felt unsafe.” He says the officers downplayed delays and data‑handling problems. He also says the process was unfair because the Council excluded concerns about staff conduct. Mr X wants the Council to acknowledge failures, correct records and apologise.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
5. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X’s complaints relate to how an Adoption Agency acting on behalf of the Council dealt with his and his partner’s application to become adoptive parents. Mr X said the Council did not follow the correct procedures under the children’s statutory complaints process. He is unhappy with how the process was run and wants the Council to accept the failures and apologise.
9. The Council apologised for the tone and certain phrases used in the stage two report and the adjudication response. The Panel said investigators must use neutral, evidence-based language and avoid subjective or speculative comments.
10. The Panel noted delays at stage two and said the Council must clearly explain any extensions at the time they are agreed.
11. It also recommended the need for clear and accurate information handling, including ensuring all parties understand the Record of Complaint.
12. The Panel concluded that the investigation was fair and proportionate and confirmed that the remaining issues have been appropriately addressed.
13. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
14. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question. We may also consider whether a council properly considered the findings and recommendations of the independent investigation and review panel, and whether it has completed any recommendations without delay.
15. I will not investigate Mr X’s complaint because the Council carried out a thorough process and apologised for the tone used during the investigation. It has made recommendations to improve information handling, communication and timeliness. The Council has also offered Mr X a remedy payment and mediation to improve the relationship between him, his partner, and the Adoption Agency.
16. Mr X can take his concerns about data recording and handling to the Information Commissioner’s Office, which is the organisation best placed to consider those issues.
17. Any concerns Mr X may have about the conduct of individual employees fall outside our jurisdiction to investigate and the remit of the statutory complaints process. Mr X can take any concerns about the fitness to practice of individual employees to their professional regulator, such as Social Work England for social workers.

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Final decision

18. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation or achieve anything worthwhile. The ICO is better placed to deal with his concerns about data handling.

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Investigator's decision on behalf of the Ombudsman